General Terms and Conditions of Business
(Status November 2020)
- Area of application
- Conclusion of the contract
- Right of withdrawal for consumers
- Prices, shipping costs, delivery
- Terms of payment
- Retention of title
- Settlement of disputes
- Applicable law and place of jurisdiction
- Contact and identity of the provider
1. Area of application, Definitions
1.1 The following general terms and conditions apply to all business relations between you as a customer and us, Fluco Nordgaustrasse 93437 Furth im Wald, which are processed via our online store. The version of our General Terms and Conditions that is valid at the time of the order is authoritative.
Our goods and services offered through the Fluco online store are aimed at consumers and entrepreneurs alike, but only as end users. For the purposes of these General Terms and Conditions, (i) a “consumer” is any natural person who concludes the contract for a purpose that is predominantly neither commercial nor his independent professional activity (§ 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
2. Conclusion of the contract
2.1 The goods offered in our Fluco online store do not constitute an offer to conclude a contract, but only an invitation to place an order.
2.2 By confirming and sending your order, you are making an offer to conclude a purchase contract. With the exception of orders where you have chosen prepayment (Paypal, Sofortüberweisung), the purchase contract is concluded by sending the goods. The confirmation of the receipt of your order is not yet an acceptance of the sales contract.
2.3 If you choose the payment method prepayment (Paypal, Sofortüberweisung), we declare the acceptance of your contract offer with the sending of the order confirmation.
2.4 If you choose a payment method other than those mentioned in section 2.3, you are bound to your offer to conclude a purchase contract within the maximum delivery period stated under shipping costs. This is e.g. three days for standard shipping in Germany.
2.5 The contract language is German.
3. Right of withdrawal for consumers
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal from Germany, you must send the goods back to us yourself with the enclosed invoice for allocation.
Alternatively in Germany, we would send you a completed return slip on request for 4,90€. The amount will then be charged separately.
Right of withdrawal
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4. prices, shipping costs, delivery
4.1 Unless otherwise agreed, the prices applicable on the day of conclusion of the contract and contained in the Fluco online store shall apply.
4.2 The prices stated on our Internet pages include the statutory value added tax applicable in the Federal Republic of Germany.
4.3 We deliver worldwide
4.4 The current shipping costs can be found in the shipping costs overview in the Fluco online store.
4.5 In order to exercise your right of withdrawal from Germany, you must send the goods back to us yourself with the enclosed invoice for allocation. Alternatively, we would send you a completed return slip for €4.90 on request. The amount will then be charged separately. From outside of germany you always have to resend the goods by yourself.
You can find out more about our return terms and conditions if you follow the following link: https://fluco-online.de/cancellation-policy/?lang=en
5. Terms of payment
5.1 Payments are possible over following ways:
By instant bank transfer.
By credit card (Amex, Mastercard and Visa).
5.2 When placing an order, you have to pay the full invoice amount directly. We will arrange the shipment of the goods upon receipt of payment of the item(s).
5.3 We reserve the right to exclude certain payment methods in individual cases.
6.1 The statutory warranty rights and periods apply to consumers.
7. Retention of title
7.1 We reserve title to all items delivered by us until full payment has been received.
7.2 If the customer is an entrepreneur, the following regulations apply in addition:
We reserve title to all items delivered by us until all claims arising from the business relationship have been paid in full.
In the event of resale of the reserved goods, the customer hereby assigns to us the claims arising from the resale of the reserved goods in the amount of his invoice value for the respective goods delivered by us under reservation of title with all ancillary claims. Furthermore, the customer hereby assigns to us any claims for compensation against third parties due to loss or damage to the goods. We accept the above assignments.
8.1 We will collect, process and store all personal data provided by you exclusively in accordance with the data protection regulations applicable in Germany.
8.2 To process the contract concluded with you, it is necessary to use your personal data. Any use beyond this requires your express consent. The details of the data collected and their respective use can be found in our data protection declaration.
9. Settlement of disputes
9.1 Platform for online dispute resolution
Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/odr.
9.2 Participation in alternative dispute resolution
We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board and have decided not to participate voluntarily.
10. Applicable law, place of jurisdiction
10.1. The contractual relationship is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 If the customer is a consumer and is not resident in the Federal Republic of Germany, the contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany, excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the state in which the consumer has his habitual residence provide otherwise.
11. Identity of the provider, contact
Provider Fluco Onlineshops is the company
FLUCO Ulrich Fleischmann e.K.
D-93437 Furth im Wald
Phone: +49 (0)9973/2028
Telefax: +49 (0)9973/3300
E-Mail: [email protected]
Responsible for content according to § 10 paragraph 3 MDStV and contact person for data protection:
Register court: Regensburg
Registration number: HRA- 3809
Tax number: 211/217/60468
Sales tax identification number according to § 27 a sales tax law: DE-208246810
Authorized representative partner: Ulrich Fleischmann